No. 20-347

Charles Malcolm Spivey, Jr. v. United States

Lower Court: Fourth Circuit
Docketed: 2020-09-15
Status: Denied
Type: Paid
Experienced Counsel
Tags: circuit-split criminal-law criminal-prosecution due-process forum-shopping interstate-commerce registration-requirement sorna venue
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2020-12-11
Question Presented (AI Summary)

Whether venue for a prosecution under 18 U.S.C. § 2250(a) for failing to update a registration under SORNA after traveling in interstate commerce can lie in the jurisdiction that the defendant departed

Question Presented (from Petition)

QUESTION PRESENTED Whether venue for a prosecution under 18 U.S.C. § 2250(a) for failing to update a registration under SORNA after traveling in interstate commerce can lie in the jurisdiction that the defendant departed. ii LIST OF PRIOR PROCEEDINGS 1. United States v. Charles Malcolm Spivey, Jr., No. 18-4099, United States Court of Appeals for the Fourth Circuit. 2. United States v. Charles Malcolm Spivey, Jr., No. 7:17-cr-29-H, United States District Court for the Eastern District of North Carolina.

Docket Entries

2020-12-14
Petition DENIED.
2020-11-24
DISTRIBUTED for Conference of 12/11/2020.
2020-11-20
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5. filed.
Main Document
2020-11-20
Reply of petitioner Charles Malcolm Spivey, Jr. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word Count
2020-11-16
Brief of respondent United States in opposition filed.
Main DocumentCertificate of Word Count
2020-10-08
Motion to extend the time to file a response is granted and the time is extended to and including November 16, 2020.
2020-10-07
Motion to extend the time to file a response from October 15, 2020 to November 16, 2020, submitted to The Clerk.
Main Document
2020-09-10
Petition for a writ of certiorari filed. (Response due October 15, 2020)
PetitionCertificate of Word CountProof of Service

Attorneys

Charles Malcolm Spivey, Jr.
Eric Joseph Brignac — Office of the Federal Public Defender, Petitioner
Eric Joseph Brignac — Office of the Federal Public Defender, Petitioner
United States
Jeffrey B. Wall — Acting Solicitor General, Respondent
Jeffrey B. Wall — Acting Solicitor General, Respondent